The Court of Appeal has overturned Warren J's decision in "C v D1 & D2".
Question: was an offer headed "Offer to Settle under CPR Part 36" which was expressed to be "open for 21 days":-
a) A time-limited offer and/or
b) A Part 36 offer.
The party making the offer argued it was a time-limited Part 36 offer. Warren J agreed it was time-limited, but held a time-limited offer was not a Part 36 offer.
The Court of Appeal disagreed, construing the offer so as to be compatible with Part 36. It was a part 36 offer and, not having been withdrawn, was open for acceptance.